40D-22.101. Definitions

When used in this chapter:

(1) “Address” means the numeric or alphanumeric designation assigned to a house, building or plot of land by the U.S. Postal Service or, if none, by the local government, that, together with the street name, describes the physical location of a specific property. This includes “rural route” numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property’s address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the community’s address), then the community’s main address shall be the property’s address, unless otherwise designated by the local government.

(2) “Agriculture” shall mean as that term is defined in Section 570.02(1), F.S. Plant nurseries and Turfgrass production (“sod farming”) are agriculture. The care of new or Existing Lawns, non-edible Landscapes, Cemeteries, Golf Courses and Athletic Play Areas are not classified as Agriculture for the purpose of this chapter.

(3) “Athletic Play Area” means all golf course fairways, tees, and greens, and other athletic play surfaces including, but not limited to, football, baseball, soccer, polo, tennis and lawn bowling fields, and rodeo, equestrian and livestock arenas. A turfgrass area in a public park, when used for a festival or other scheduled event that includes heavy foot traffic, is also considered an athletic play area for a period ending two weeks after the event.

(4) “Cemetery” means a place dedicated to and used or intended to be used for the permanent interment of human or pet remains. A Cemetery may contain land or earth interment; mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or intended to be used for the interment or disposition of cremated human or pet remains; or any combination of one or more of such structures or places.

(5) “Core Aerification” means the process of mechanically removing cores or plugs of soil to relieve soil compaction and allowing oxygen, water and nutrients to enter the ground.

(6) “Domestic Use” shall mean as that term is defined in Section 373.019(6), F.S. All other uses shall not be considered Domestic.

(7) “Driving Range” is the turfgrass at a practice or instructional facility that provides a simulated golf fairway, simulated golf tee and simulated golf green. The simulated golf green associated with a simulated golf fairway is primarily a visual target instead of a regulated play surface, and so does not receive the foot traffic and related turfgrass damage normally associated with an actual golf green.

(8) “Even Numbered Address” means an Address, ending in the numbers 0, 2, 4, 6, 8 or the letters A-M.

(9) “Existing” means any Lawn or Landscape, or portion thereof, which has been in existence in the same location for a period of 60 days or more.

(10) “Frost/Freeze” or “Heat Stress” means the symptoms caused to plants or crops by extreme cold or hot weather unless an irrigation event occurs; for example, permanent wilt damage, yield reductions and/or plant death.

(11) “Golf Course” means an area of land laid out for the express purpose of playing golf, including all greens, tees, fairways, and roughs.

(12) “Hand Watering” means watering plants or crops with one hand held hose, fitted with a self-canceling or automatic shutoff nozzle, or a watering can or pail.

(13) “Irrigation” means the application of water to plants for the purpose of sustaining plant life, promoting plant growth or to facilitate crop production.

(14) “Landscape” means a section of ground adorned or improved by flowering plants (whether annual or perennial), vines, shrubs, palms, trees, ferns, ornamental grasses and groundcover other than Lawn.

(15) “Landscape Use” means the application of water to Lawns and associated Landscape surrounding homes, commercial or industrial buildings, government or other non-commercial buildings, parks, recreational areas, Cemeteries, non-play areas of Golf Courses, public and private right-of-ways and medians but excluding Athletic Play Areas.             

(16) “Lawn” means a plot of Turfgrass, usually tended or mowed, surrounding homes, commercial or industrial buildings, government or other non-commercial buildings, parks, recreational areas, Cemeteries, and public or private right-of-ways and medians, but excludes Athletic Play Areas, whether such areas are free-standing or within a park or other setting.

(17) “Low-Volume Irrigation” means the use of Hand Watering, Micro-irrigation or other equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated and designed to allow that water to be placed with a high degree of efficiency within the root zone of the plant.

(18) “Micro-irrigation” means any Irrigation device that distributes water near or within the root zone through low flow rate and emitters. Examples of Micro-irrigation devices include drip, line source, microspray, microsprinkler, bubbler and similar types of systems. The term specifically includes propagation mist heads, capillary mats and soaker hoses. The term also includes water use in Mist Houses and similar establishments for plant propagation and production, but excludes any form of turf irrigation other than in a sod production (“turf farming”) setting.

(19) “New Plant Material” means any Lawn or Landscape, or portion thereof, which has been in existence in the same location for less than 60 days.

(20) “Odd Numbered Address” means an Address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

(21) “Reclaimed Water” shall mean as that term is defined in Section 373.019(17), F.S.

(22) “Spot Treatment” is the Hand Watering of isolated areas of Turfgrass or other plant material, such as golf course greens, in order to efficiently deliver water needed to provide uniform moisture content as a water-conserving means of compensating for differences in sun exposure, sprinkler coverage, and other site-specific factors.

(23) “Sprigged turf area” means a turf area being established vegetatively by placing Sprigs in furrows or small holes.

(24) “Sprigs” means individual stems of grass with one to four nodes (joints) from which roots can develop. Sprigs may also be called runners, rhizomes, or stolons. Sprigs are a means of vegetative propagation that is sometimes used to produce Golf Course greens, Golf Course fairways, other Athletic Play Areas, and Lawns.

(25) “Syringing” is the watering of turfgrass or other plant material in order to lower the air temperature around the leaf surfaces, generally involving the use of Hand Watering or “fogging” irrigation equipment, for the purpose of cooling off the leaf tissue, not to wet the soil.

(26) “Turfgrass” means a dense growth of grass (any of numerous plants of the botanical family Gramineae) being used as a ground cover to provide one or more of the following benefits: erosion control, dust reduction, beautification, or as a playing surface for sports or recreation.

(27) “User” means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including but not limited to uses from groundwater wells and private or public utility systems.

(28) “Vertical Mowing” means a form of thatch removal involving the use of special equipment that makes multiple vertical cuts into the Lawn or other turfgrass. Vertical Mowing may also be referred to as verticutting.

(29) “Water” or “waters in the District” shall mean as that term is defined in Section 373.019(22), F.S.

(30) “Water shortage” shall mean as that term is defined in subsection 40D-21.051(28), F.A.C.

(31) “Water shortage emergency” shall mean as that term is defined in subsection 40D-21.051(29), F.A.C.

(32) “Water Use Permit” shall mean as that term is defined in subsection 40D-2.021(15), F.A.C..

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.219 FS. History–New 3-15-92, Amended 9-15-03, 12-7-10, 5-13-14.